The government will seek the advice of the Attorney General as it analyses a landmark European Court judgment which compensated an immigrant for an unnecessarily long and arbitrary detention period.

Although the government did not explicitly say it would be appealing the judgment by the European Court of Human Rights, it is understood that the state’s legal advisor could prepare for an appeal.

Asked whether the judgment set a precedent by which more immigrants could ask the courts for compensation, government sources said the judgment never criticised the standard maximum detention period of 18 months.

Algerian immigrant Khaled Louled Massoud, who took Malta to court, ended up serving about a week over the government’s set limit of 18 months in detention and was awarded €12,000 in compensation.

The Court judgment questioned the basis for his detention when it ruled that the government had “no legal force” with its policy of not detaining migrants for more than 18 months. The fact that the Immigration Act did not stipulate a minimum time of detention meant that Mr Massoud did not have a legal tool with which to contest his detention, the Court ruled.

Asked if the Immigration Act would be revised following the judgment, a spokesman for the Justice Ministry said he had no comment to make before the ministry studied the judgment in more detail and got the AG’s advice.

The Court found it “hard to conceive” that in a small island like Malta, where escape by sea without endangering one’s life was unlikely and fleeing by air was subject to strict control, the authorities could not have had at their disposal measures other than the applicant’s protracted detention to secure an eventual removal in the absence of any immediate prospect of his expulsion.

When contacted, the UN High Commissioner for Refugees welcomed the decision, which, he said, provided helpful guidance on detention.

However, as with the ministry, a spokesman said the UN agency was still looking into the details of the decision. “The European Convention on Human Rights is ultimately a safeguard for all persons falling under the jurisdiction of relevant European states, benefiting citizens, refugees and migrants alike.”